Premier Chris Minns won't face legal action as two charged over campaign donations
NSW Premier Chris Minns has not been referred for prosecution over historic donations linked to him. (ABC News: Abubakr Sajid)
In short:
Two men will be prosecuted over donations to Chris Minns's 2015 election campaign, but the NSW premier will not face any legal action himself.
Ernest Wong and Jonathan Yee allegedly participated in a scheme to circumvent electoral funding laws.
A spokesperson for the premier says the donations "were received in good faith at the time, but subsequently repaid".
Two men will be prosecuted over donations to Chris Minns's 2015 election campaign, but the NSW premier will not face any legal action himself.
The NSW Electoral Commission told a parliamentary hearing on Tuesday that former MP Ernest Wong and former Chinese Friends of Labor chairman, Jonathan Yee, had been charged by prosecutors and would face court on June 16.
It will be alleged they participated in a scheme to circumvent electoral funding laws.
Ernest Wong (left) has been referred for prosecution over 2015 donations linked to Chris Minns's campaign for the seat of Kogarah. (AAP: Dean Lewins)
Asked whether the NSW Electoral Commission would take action against other individuals, Commissioner Rachel McCallum said "only two" matters were being referred to prosecutors.
"We don't have any other active lines of investigation," she told upper house MPs.
Last year, an affidavit from another former Labor staffer, David Latham, was tendered to a secret hearing of a parliamentary inquiry into the premier's 2015 donations.
Jonathan Yee leaves a corruption hearing on September 30, 2019. (ABC News: Nick Dole )
In the affidavit, he alleged Mr Minns had asked him for advice about how to get unreceipted money into the 2015 campaign fund.
The premier has repeatedly denied that conversation ever took place.
A spokesperson for the premier said the donations "were received in good faith at the time, but subsequently repaid".
"The premier has been open and completely emphatic in rejecting any wrongdoing from the very beginning,"the spokesperson said.
The electoral commission said the parliamentary inquiry had provided "material relevant to the EC investigation" which had been passed on to prosecutors between March and May this year.
Asked whether the electoral commission had taken a statement from the premier as part of its investigation, Ms McCallum declined to say.
"I want to emphasise the very great importance of not going through every individual witness who has assisted the commission," she said.
Timing questioned
In a statement released moments before its senior staff fronted the parliamentary hearing on Tuesday, the electoral commission said it became aware of a potential scheme to circumvent electoral donations laws in 2019.
It commenced an investigation in October that year.
A spokesperson for the premier said Minns rejected any wrongdoing. (ABC News: Abubakr Sajid)
In August 2023, after Labor had been elected, the commission referred briefs of evidence to the NSW Director of Public Prosecutions so charges could be considered against "certain individuals".
However, under questioning from upper house MPs, it emerged the commission had identified suspected illegality well before the March 2023 election.
"When did you decide it was an illegal scheme you were dealing with?" Independent MP Mark Latham asked.
"It was late 2022," Ms McCallum replied.
"I don't have the exact date in front of me."
Mr Latham said voters should have been told about an "illegal scheme in the electorate and the campaign" of Mr Minns.
"How does the commission live with the fact it fundamentally changed the nature of the [2023] election campaign, and most likely the result?" Mr Latham asked
"I can't comment on that. That's speculation," Ms McCallum said.
"The commission ... was not authorised to make any public statement about matters that were, breaches or alleged breaches of the now repealed electoral funding legislation."